Trustees of The National Retirement Fund, v. Fireservice Management LLC et al
| Trustees of the National Retirement Fund |
| Fireservice Management LLC, Smeltzer Enterprises Incorporated and John Does 1-10 |
| 7:2017cv04003 |
| May 26, 2017 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Cathy Seibel |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 1381 |
| None |
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Filing
58
OPINION & ORDER re: 51 MOTION for Summary Judgment filed by Trustees of the National Retirement Fund, 35 MOTION for Summary Judgment filed by John Does 1-10, 33 MOTION to Intervene filed by Smeltzer E nterprises Incorporated, John Does 1-10, Fireservice Management LLC. For the foregoing reasons, Proposed Intervenors' motion to intervene is DENIED and their motion for summary judgment is DENIED as moot. Plaintiffs' motion for summary judgment is GRANTED as to Fireservice Management, LCC, and DENIED as to Smeltzer Enterprises Inc. For the foregoing reasons, Proposed Intervenors' motion to intervene is DENIED and their motion for summary judgment is DENIED as moot. Plaintiffs& #039; motion for summary judgment is GRANTED as to Fireservice Management, LCC, and DENIED as to Smeltzer Enterprises Inc. Plaintiffs shall submit an accounting of their proposed interest, liquidated damages, and attorneys fees and costs to Defendan t Fireservice by May 1, 2019. If the parties can agree on a proposed judgment, it should be submitted by May 8, 2019. If they cannot, Plaintiffs should make a submission in support of their calculations by May 22, 2019; Defendant Fireservice may o ppose by June 5, 2019; and Plaintiff may reply by June 12, 2019. Plaintiffs should also advise by letter, no later than May 1, 2019, if they wish to pursue their claim against Smeltzer. If so, the Court will schedule a conference to set a trial date. The Clerk of Court is respectfully directed to terminate the pending motions. (Docs. 33, 35, 51.) SO ORDERED. (Signed by Judge Cathy Seibel on 4/17/2019) (mml)
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